Bush v. Knox
New York Supreme Court
Motion by plaintiff for a new trial after a nonsuit upon exceptions ordered to be heard in the first instance at the general term. The action was brought by Riley Bush against Charles H. Knox to recover the possession of a gold watch and chain. The defendant plead general denial, and in addition that the question sought to be litigated in this action had been once litigated and decided adversely to plaintiff, and that plaintiff was estopped thereby.
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Motion by plaintiff for a new trial after a nonsuit upon exceptions ordered to be heard in the first instance at the general term. The action was brought by Riley Bush against Charles H. Knox to recover the possession of a gold watch and chain. The defendant plead general denial, and in addition that the question sought to be litigated in this action had been once litigated and decided adversely to plaintiff, and that plaintiff was estopped thereby. On the trial, in June, 1872, plaintiff proved a bill of sale, executed by defendant, November 3, 1868, whereby the watch and chain in suit, and…
1Opinion of the CourtMiller, P. J.
This action was brought to recover a gold watch and chain, which the plaintiff claimed he owned, and that the defendant wrongfully detained. The plaintiff was nonsuited upon the trial, upon the ground that he was estopped by reason of a judgment previously rendered in favor of one Johnson against the plaintiff, in a certain action brought to, recover the possession of *132certain colts, in which the same identical question was litigated as in the case at bar. The question to be determined is, whether the defendant here was in privity with Johnson, so as to be entitled to avail himself of the…
2Cases cited3 opinions
- Castle v. . NoyesNew York Court of Appeals · 1856
- Mersereau v. . PearsallNew York Court of Appeals · 1859
- Bissick v. McKenzieNew York Court of Common Pleas · 1872